Miami Properties, Inc. v. Fitts, 25699

Decision Date09 April 1970
Docket NumberNo. 25699,25699
Citation226 Ga. 300,175 S.E.2d 22
PartiesMIAMI PROPERTIES, INC. v. J. W. FITTS et al.
CourtGeorgia Supreme Court

Syllabus by the Court

The instant suit is between the same parties or their privies, and involves the same subject matter and substantially the same prayers for relief as were in an earlier suit. Therefore, it was not error to sustain the pleas of res judicata.

Arthur P. Tranakos, Herbert Johnson, Allen J. Hammer, Atlanta, for appellant.

Peek Whaley, Blackburn & Haldi, J. Corbett Peek, Jr., Mitchell, Pate & Anderson, Stephens Mitchell, Paul Anderson, Attlanta, for appellees.

ALMAND, Chief Justice.

This appeal is from an order sustaining a plea of res judicata.

Miami Properties, Inc., filed an equitable complaint against Old South Investment Company, a corporation; Atlanta Federal Savings & Loan Association, and two individuals. The allegations therein were in substance: That the Municipal Revenue Collector of Atlanta did, under a tax execution in April, 1963, expose and sell at public outcry a described tract of land in Atlanta, Fulton County. That the same was bought in by the two individual defendants and conveyed on April 3, 1964, to Old South Investment Company, which in turn, conveyed the land to Atlanta Federal Savings & Loan Association. That the petitioner did, on March 28, 1967, acquire by deed all right, title, and interest in said property subject to the tax deed and its rights in the deed, from Paul G. Herrington, Jr., to redeem said property which has not been foreclosed. That it has tendered to all of the defendants the redemption price of $1,914.60, which it tenders into court. The prayers were that the defendants be required to interplead and set up their rights to the redemption funds and that the defendants be required to file with the clerk of the court a good and sufficient quitclaim deed conveying title of said land to petitioner.

To this complaint all of defendants filed pleas of res judicata, the substance of these pleas being: That Paul G. Herrington, Jr., the plaintiff's predecessor in title, on January 13, 1965, filed a complaint in Fulton Superior Court against these defendants asserting that he was the owner of the tract of land which is the subject matter of the present complaint. That said property was sold at a tax sale in April, 1963, and bought in by defendants Fitts and McKenney and transferred by them to Old South Investment Company, which in turn, conveyed it to the Atlanta Federal Savings & Loan Association to secure a debt; that the petitioner had tendered the redemption price to Old South Investment Company, which tender was refused and its title to said property had terminated and Old South Investment Company had refused to execute a quitclaim deed to petitioner. That the other defendants have been given notice of said redemption and have refused on demand to execute quitclaim deeds to petitioner. The prayers of the petition were: (a) The defendants be enjoined from foreclosing the petitioner's right of redemption; (b) that it be decreed that none of the defendants have any interest in the property; (c) that each of the defendants be required to execute and deliver quitclaim deeds to petitioner conveying whatever title or interest they might have had in said property; (d) that the tax deed from the City of Atlanta to the defendants Fitts and McKenney be canceled; (e) that the deed to secure debt from Old South Investment Company to Atlanta Federal Savings and Loan Association be canceled; and (f) for...

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3 cases
  • Madison, Ltd. v. Price
    • United States
    • Georgia Court of Appeals
    • July 28, 1978
    ...put in issue (see Code Ann. § 110-501). See Coile v. Finance Co. of Am., 221 Ga. 863, 148 S.E.2d 328 (1966); Miami Properties, Inc. v. Fitts, 226 Ga. 300, 175 S.E.2d 22 (1970); Smith v. Bank of Acworth, 111 Ga.App. 112(1), 140 S.E.2d 888 We find no merit in Madison, Ltd.'s contention that i......
  • Law v. Smith
    • United States
    • Georgia Supreme Court
    • April 9, 1970
  • Chilivis v. Dasher, s. 30902
    • United States
    • Georgia Supreme Court
    • April 7, 1976
    ...effect regardless of the correctness of their rulings. See 1B Moore's Federal Practice (2d Ed.) p. 637; also Miami Properties, Inc. v. Fitts, 226 Ga. 300, 175 S.E.2d 22 (1970). Acccordingly, it is unnecessary to determine whether a final decision on the merits of the tax commissioner's cons......

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